31991R3249
No L 307/22 Official Journal of the European Communities 8 . 11 . 91
COMMISSION REGULATION (EEC) No 3249/91 of 7 November 1991 opening an invitation to tender for the reduction in the levy on grain sorghum imported from third countries
THE COMMISSION OF THE EUROPEAN COMMUNITIES, including in particular rules on the lodging by operators and the release of securities against fulfilment of their Having regard to the Treaty establishing the European obligations, and in particular the obligation to process or Economic Community, use the imported product in Spain ;
Having regard to Council Regulation (EEC) No 1799/87 Whereas the measures provided for in this Regulation are of 25 June 1987 on special arrangements for imports of in accordance with the opinion of the Management maize and sorghum into Spain from 1987 to 1990 ('), and Committee for Cereals, in particular Articles 3 (2) and 8 thereof,
Whereas, as part of an agreement with the United States of America, the Community has undertaken to import a HAS ADOPTED THIS REGULATION : certain quantity of grain sorghum into Spain in the years 1987 to 1990 ; whereas by Decision 91 /30/EEC (2) on the conclusion of the exchange of letters complementing to above mentioned agreement, the Council approved the Article 1 extenstion of that agreement to 1991 , that extension being without prejudice to the rights and obligations 1 . Further to the invitations to tender opened by Regu arising from the original agreement ; lation (EEC) No 799/91 , an invitation to tender is hereby opened for the reduction in the import levy on grain Whereas under the said rights and obligations Commis sorghum to be imported into Spain. sion Regulation (EEC) No 799/91 (3), as last amended by Regulation (EEC) No 981 /9"1 (4), opens invitations to 2. Under this invitation to tender, the reduction in the tender for the reduction in the levy on imports of the import levy on grain sorghum provided for in Article 11 quantities outstanding for 1990 ; whereas a closer estimate of Regulation (EEC) No 715/90 shall not apply grain of those quantities calls for a further invitation to tender sorghum to be imported into Spain. to be opended ; 3. The invitation to tender shall be open until 12 Whereas, pursuant to Article 3 (3) of Regulation (EEC) No December 1991 . During that period, weekly invitations 1799/87, the levy reduction is to be applied to grain shall be issued with quantities and closing dates as shown sorghum imported into Spain under cover of a licence in the notice of invitation to tender. valid in that Member State alone ;
Whereas Council Regulation (EEC) No 715/90 of 5 Article 2 March 1990 on the arrangements applicable to agriculture products and certain goods resulting from the processing of agriculture products originating in the ACP States Or in 1 . Tenders shall be lodged in writing with the compe the overseas countries and territories (OCT) (*), as last tent authority against a receipt or forwarded to that autho amended by Regulation (EEC) No 523/91 (*), provides in rity by telex, telegram or telefax. particular for a reduction of 60 % in the levy applicable to grain sorghum up to a quota of 100 000 tonnes per 2. Tenders shall indicate : calendar year and of 50 % in excess of that quota ; — the weekly invitation in response to which they are Whereas, if that benefit is combined with the reduction made ; provided for under this Regulation, this is likely to disturb — the name and exact address of the tenderer, with telex the Spanish market for cereals ; whereas such combined or telefax number, benefits should be ruled out for the sake of the satisfac — the type and quantity of the product to be imported ; tory functioning of the invitation to tender ; — the reduction in the import levy proposed, in ecus per Whereas the specific additional rules required for admin tonne ; istrating the invitation to tender should be laid down, — the origin of the grain sorghum to be imported ;
(') OJ No L 170, 30. 6. 1987, p. 1 . 3. Tenders shall be valid only if : 0 OJ No L 17, 23. 1 . 1991 , p. 17. 0 OJ No L 82, 28. 3 . 1991 , p. 24. (a) they do not exceed the maximum quantity available (4) OJ No L 102, 23. 4. 1991 , p. 14. 0 OJ No L 84, 30. 3. 1990, p. 85. for each closing date for the submission of applica 0 OJ No L 58, 5. 3. 1991 , p. 1 . tions ;
8 . 11 . 91 Official Journal of the European Communities No L 307/23
(b) evidence is provided before expiry of the time limit — to make no awards. for submission that the tenderer has lodged a security Where a maximum reduction in the import levy is set, for an amount per tonne equal to that of the reduc awards shall be made to the tenderer or tenderers offering tion proposed in the tender ; the maximum or a smaller reduction . (c) they are accompanied by a written undertaking to 2. As soon as the Commission has reached a decision lodge with the competent authority within two days of as referred to in paragraph 1 , the competent Spanish receipt of notification of award as mentioned in authority shall notify all tenderers in writing of the Article 4 (2) an application for an import licence for outcome of their tenders. the quantities awarded together with an application for advance fixing of the levy at the reduced rate proposed in the tender and an application for advan Article 5 cefixing of the Spanish monetary compensatory amounts ; 1 . Where the successful tenderer lodges an application for an import licence as referred to in Article 2 (3) (c) (d) they are for at least 1 000 tonnes. within the time limit laid down, a licence shall be issued for the quantities for which he has been awarded a 4. Tenders not meeting the requirements set out in contract. paragraph 1 , 2 and 3 or incorporating terms other than those provided for in the invitation to tender shall not be 2. Where the undertaking referred to in Article 2 (3) (c) valid. is not fulfilled, the tendering security shall be forfeit.
5. Once submitted, tenders may not be withdrawn. Article 6
1 . The tendering security shall be released : Article J (a) where the tender is not accepted ;
(b) where the tenderer provides evidence by means of a 1 . Notwithstanding Article 21 (1 ) of Commission sales invoice to a processor or consumer in Spain that Regulation (EEC) No 3719/88 (') import licences shall, for the products imported have been processed or used in the purposes of determining their term of validity, be Spain ; deemed to have been issued on the closing date for the submission of tenders. (c) where the successful tenderer provides evidence that the product imported has become unfit for any use or where import cannot be effected for reasons of force 2. Import licences issued in connection with awards majeure. made under this invitation to tender shall be valid from 1 January to 29 February 1992. 2. Article 33 of Regulation (EEC) No 3719/88 shall apply to securities. 3. Notwithstanding Article 2 (2) of Commission Regu lation (EEC) No 891 /89 (2), Article 5 (2) of Commission Article 7 Regulation (EEC) No 3105/87 (3) shall apply in respect of licences issued under this Regulation. Tenders lodged must be forwarded by the competent Spanish authority to the Commission to arrive not more 4. Notwithstanding Article 9 of Regulation (EEC) No than two hours after the time limit laid down in the 3719/88, rights conferred by import licences shall not be notice of invitation to tender. They must be forwarded in transferable. the form shown in the Annex.
Should no tenders be received, Spain shall inform the Article 4 Commission within the same period as that referred to in the first paragraph.
1 . On the basis of tenders submitted and forwarded, the Commission shall decide in accordance with the Article 8 procedure laid down in Article 26 of Council Regulation (EEC) No 2727/75 (4) : The times for the purposes of this Regulation shall be Brussels time. — either to set a maximum reduction in the import levy, or Article 9
(') OJ No L 331 , 2. 12. 1988, p. 1 . This Regulation shall enter into force on the day of its 0 OJ No L 94, 7. 4. 1989, p. 13. (J) OJ No L 294, 17. 10. 1987, p. 15. publication in the Official Journal of the European h OJ No L 281 , 1 . 11 . 1975, p. 1 . Communities.
No L 307/24 Official Journal of the European Communities 8 . 11 . 91
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 7 November 1991 .
For the Commission Ray MAC SHARRY Member of the Commission
ANNEX
Weekly invitation to tender for the reduction in the levy on grain sorghum imported from third countries
(Regulation (EEC) No 3249/91 )
Deadline for submission of tenders (date/time)
1 2 3 4 5
Numbering of Quantity Reduction in MCA fixed Origin tenderers (tonnes) import levy in advance of the cereals
1
2
3 l
4
5 \
etc. I